The marriage contracted would be valid, but the parties would incur penalties. Marriage can only be celebrated before the competent civil status officer and in the presence of two witnesses. The marriage can be dissolved through the fault of one or both parties, adultery, lust against nature, bigamy, abandonment, threats to the life of the spouse, and finally following a criminal conviction for serious or dishonoring crimes. There are also so-called relative reasons for divorce, which are left to the discretion of the court. c) Testamentary dispositions, without prejudice to the rights due to descendants and ascendants, can be made freely, that is, by means of a holographic will or private writing before two witnesses, or an allographic will before four witnesses, by means of a will publicly drawn up before a royal notary; finally with a privileged verbal private will valid for three months.
The liberal legislation that regulates the civil procedure has developed, starting from the IV law of 1869 (on the exercise of the judiciary power), the judicial, notary, public prosecutor and advocacy organization, in a form, for which they were placed and guaranteed the premises of a modern jurisdiction (independence of judges, legality, praesumptio boni viri, equality of the parties, freedom of defense, final decisions, cooperation of popular judges). The respective new laws broaden the social functions of the civil procedural system. Instead of the written process linked to a specific form according to the French model, the oral procedure and a well thought-out evidential system were introduced. The principles – publicity, orality and immediacy – have reduced the formalism of the procedure to a bearable minimum. The scattered rules of the judicial procedure have not so far been collected together. It is a codification defect, which must be eliminated (§ 104, law LIV of 1912 and § 154, law XXXIV of 1930). The fundamental law of the civil trial, the civil procedural order has been repeatedly adapted to changed circumstances. Thus in the year 1925 (law VIII) and in 1930 (law XXXIV). The order of the instances is as follows: in the first instance the district courts and the courts of justice decide. They are appellate courts: the courts of justice (in three-member colleges) and the Royal Tables. The supreme court is the Royal Curia which decides in colleges of five members. Competence is determined according to value and matter. The office of judge, the Public Prosecutor, the advocacy and the notary are connected with the law degree and the unitary examination of judge and lawyer. The new legal system for the exercise of the bar (law IV of 1937) requires a practice of five years for the representation of the parties before the higher courts. Chambers of lawyers are autonomous corporations with their own disciplinary power. The abusive exercise of the legal profession is severely punished (Law III of 1934). The fundamental basis of criminal law is up to now the Csemegi code so called by its author. The criminal procedure is contained in the XXXIII law of 1896 (introductory law: XXXIV law of 1897). For Hungary 1998, please check constructmaterials.com.
The 1843 project, which best suited the Hungarian character, could not be converted into law due to political turmoil. Criminal procedure represents the modern system of prosecution developed from the “moderate” prosecution system that first appeared in the French law of 1808. The interest of personal liberty is placed in happy accord with that of the criminal inquisition. The Hungarian Criminal Code is compiled according to classical principles: nulla poena sine lege and nullum crimen sine lege, and a tripartite division follows (crimes, misdemeanors, fines; the latter are grouped in particular in the XLI law of 1879). The jurisdiction of the courts of assizes for press crimes and capital crimes (law XXII of 1897) has currently been suspended by the government by virtue of full extraordinary powers. Both criminal law and criminal procedure law are supplemented by numerous supplementary laws. In particular: law XXXVI of 1908 (so-called criminal law; adoption of modern juvenile legislation), law VII of 1913 (courts for minors: introduction of principles of criminal pedagogy in the administration of justice), law XIII of 1921 (vagrancy), law XIV of 1914 (press), law XL of 1914 (protection of honor), law XLI of 1914 (protection of authority), law III of year 1921 (against secret societies dangerous for the social and political order), law XXVI of 1922 (law on foreign exchange and currencies), law X of 1928 (so-called II criminal law; its purpose is the effective protection of society from anti-social), law VI of 1932 (law against usury), law I of 1932 (protection of creditors’ interests), law II of 1930 (the new military penal code inspired by the most modern ideas of military defense, with an introductory law), Law III of 1930. The death penalty is rarely applied; it is inflicted for high treason, murder, in the event of war for abuses in supplies, revolt and felony. effective protection of society from anti-social elements), law VI of 1932 (law against usury), law I of 1932 (protection of creditors’ interests), law II of 1930 (the new military penal code inspired by the most modern ideas of defense military, with an introductory law), law III of 1930. The death penalty is rarely applied; it is inflicted for high treason, murder, in the event of war for abuses in supplies, revolt and felony. effective protection of society from anti-social elements), law VI of 1932 (law against usury), law I of 1932 (protection of creditors’ interests), law II of 1930 (the new military penal code inspired by the most modern ideas of defense military, with an introductory law), law III of 1930. The death penalty is rarely applied; it is inflicted for high treason, murder, in the event of war for abuses in supplies, revolt and felony.
